Special meeting and the Brown Act
Q: The Brown Act reads in part Section 54954.3 of education code:
“Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.”
I have argued with the Secretary of the Oakland School Board that when the Brown Act says notice, it means that the notice of a school board meeting must include a statement notifying the public they will have the opportunity to speak on the agenda items for a special meeting. However, the Board Secretary feels that providing the opportunity at meetings is sufficient and that such an opportunity does not need to appear on an agenda for a special meeting.
If you side with my interpretation how do I proceed to change the procedure?
A: I agree that the use of the word “notice” in the portion of 54954.3 that you quote requires a legislative body to include, in the written agenda, a statement to the effect that members of the public will have an opportunity for public comment. This interpretation is supported by the surrounding language in section 54954.3, and is also consistent with the purpose of the agenda requirement, which among other things is intended to provide interested members of the public with sufficient information about the meeting to allow them to make a decision about whether or not to attend.
As to your question about how to change the procedure, the Brown Act provides both criminal and civil penalties for violations. There have been only a few criminal prosecutions under the Brown Act, and to date they generally have not been successful. As for civil remedies, there are two options. First, Government Code section 54960.1 provides a procedure for seeking to void an action taken at such meeting. The requirements for taking such an action require you to seek to have the agency “cure and correct” the action taken at the improperly held meeting, and then bring a lawsuit if they do not. The requirements are very specific, they have very short deadlines, and they are generally strictly enforced. Generally speaking, the demand must be made within
90 days from the date the action is taken If the legislative body fails to correct the action within the requisite time period, you must file the lawsuit within 15 days. However, section 54960.1 only applies to violations of certain sections of the Brown Act, and section 54954.3 is not listed among them.
Alternatively, the Brown Act provides that a person seeking to redress a violation may seek a writ of mandate under Government Code section 54960, or bring an action for declaratory or injunctive relief.